FRIDAY, DECEMBER 1, 2017

Liability Prevention for Physicians and Other Health Care Professionals

SATURDAY, DECEMBER 2, 2017

Physicians and Health Care Professionals in Court: A Survival Guide

Course Directors

Clyde Bergstresser, JD, David Gould, JD, Thomas G. Gutheil, MD, Mark J. Hauser, MD, James Hilliard, JD, and Lawrence E. Lifson, MD

FRIDAY, DECEMBER 1, 2017
Liability Prevention for Physicians and Other Health Care Professionals

This course focuses on the major risk management areas and legal pitfalls encountered in current everyday clinical practices and on enduring principles and practices for managing these risks. The program teaches risk management principles and current developments in liability prevention. The program reviews the latest liability prevention data and its implications for medical practice as well as solution strategies for health care professionals. Current concepts in malpractice prevention and “hot spots” in risk management are emphasized including best ways to diminish risks associated with documentation and informed consent. The course will instruct about the risks incurred from the use of the electronic medical record and increased use of email communications and their implications for practitioners. Particular emphasis will be given to the increasing role of telemedicine in clinical practice and the liability risks associated with its practice. Issues facing clinicians regarding medical marijuana and the opioid crisis under both State and Federal Laws will be discussed, as will how to terminate with patients. Risks associated with “curbside” consultation and supervision of trainees will be highlighted. Risks other than malpractice such as State Boards of Registration in Medicine will be emphasized and legal responsibilities regarding the new Prescription Monitoring Program will be explained. Strategies for communication when adverse events occur and the merits of a communication, apology and resolution approach will be reviewed. Unique features of this course include vantage points of practicing clinicians, insurers, plaintiff and defense attorneys. The format incorporates time for lecture, panel discussions and Q & A with the faculty.

  • Preventing malpractice suits
  • Malpractice “hot spots”
  • Email communication risks
  • Electronic medical record risks
  • Telemedicine Risks
  • Terminating with patients
  • Opioid crisis effects on prescribers
  • Certifying for medical marijuana
  • Board of Registration of Medicine risks
  • Documentation and informed consent
  • Prescription Monitoring Program
  • Strategies for Communication, Apology, and Resolution
  • Curbside Consultations
  • Supervisor liability for trainees
  • Plaintiff and defense attorneys’ tips

Learning Objectives

This course is designed so that participants will be able to:

  • Describe the essentials of risk management in medical, surgical care, and psychiatric practices;
  • Outline the risks of telemedicine, email communications, and electronic medical records;
  • Document with diminished liability risks;
  • Review risks associated with terminating patients;
  • Assess the implications of evolving law related to the opioid crisis;
  • Understand process of certifying for medical marijuana;
  • Describe risks related to the Board of Registration in Medicine;
  • Discuss liability issues pertaining to the Prescription Monitoring Program;
  • Review strategies for improved communication when things go wrong;
  • Assess risks in supervising trainees;
  • Discuss strategic tips about liability protection from both plaintiff’s attorney and defense attorney and practicing clinician;
  • Understand informed consent as a process rather than a signed form;
  • Distinguish between curbside vs formal consultation and understand their benefits and risks.

SATURDAY, DECEMBER 2, 2017
Physicians and Health Care Professionals in Court: A Survival Guide

It is increasingly common for a practicing clinician to be deposed or appear in the courtroom in one capacity or another. This often engenders anxiety and uncertainty, especially in the role of the defendant. This course teaches the clinician the tactics and tips to be most successful while giving a deposition or being on the witness stand. Benefits of having a personal attorney are explained. Instruction is also provided regarding amount and type of insurance coverage. Clinicians participating in this program learn how to effectively and positively influence the jury. This course also enables the clinician to benefit from suggestions and recommendations offered by plaintiff and defense attorneys regarding how one prevails in preparing for the courtroom and being on the witness stand. A unique feature of this course is the mock trial demonstration, during which the faculty will illustrate critical components of survival in the courtroom. The course format incorporates time for lecture, panel discussions and Q & A with the faculty.

  • Strategies if sued
  • Deposition tactics
  • Testifying in court
  • Witness stand perils
  • Witness stand opportunities
  • Malpractice insurance coverage
  • Role of a personal attorney
  • Positively influencing the jury
  • Courtroom survival
  • Plaintiff and defense attorneys’ tips
  • Mock trail demonstration
  • Judge’s comments

Learning Objectives

This course is designed so that participants will be able to:

  • Develop strategies to reduce the likelihood of appearing in court and how to prevail if sued;
  • Evaluate survival techniques for giving depositions and taking the witness stand;
  • Demonstrate how to testify in court and effectively and positively influence the jury;
  • Understand the role of personal counsel;
  • Know types and correct amount of insurance coverage;
  • Collaborate effectively with attorneys as treating physicians, expert witnesses, or defendants;
  • Apply new skills to master courtroom challenges, and be more prepared to work with both plaintiff and defense attorney’s.

Target Audience

  • Physicians
  • Pharmacists
  • Psychologists
  • Physician Assistants
  • Nurses
  • Nurse Practitioners

Accreditation

The Harvard Medical School is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians.

The Harvard Medical School designates this live activity for a maximum of 14.25 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

  • Liability Prevention for Physicians and Health Care Professionals:
  • A maximum of 7.25 AMA PRA Category 1 Credits™.
  • Physicians and Health Care Professionals in Court: A Survival Guide:
  • A maximum of 7.0 AMA PRA Category 1 Credits™.

The Royal College of Physicians and Surgeons of Canada recognizes conferences and workshops held outside of Canada that are developed by a university, academy, hospital, specialty society or college as accredited group learning activities.

Through an agreement between the American Medical Association and the European Union of Medical Specialists, physicians may convert AMA PRA Category 1 Credit™ to an equivalent number of European CME Credits® (ECMECs®). Information on the process of converting AMA PRA Category 1 Credits™ to ECMECs® can be found at: www.eaccme.eu.

Risk Management Credits: This activity meets the criteria of the Massachusetts Board of Registration in Medicine for 14.25 Risk Management Study. This includes .25 credits in Opioid Education and Pain Management training and .50 credits in Electronic Health Records training. Please check your individual state licensing board requirements before claiming these credits.

Continuing Education Credits for Psychologists: The Continuing Education Program at Beth Israel Deaconess Medical Center, a major teaching hospital of Harvard Medical School, is approved by the American Psychological Association to offer continuing education for psychologists. The Continuing Education Program at Beth Israel Deaconess Medical Center, a major teaching hospital of Harvard Medical School, maintains responsibility for the program and content.

Continuing Education Credits for Nurses: The Continuing Education Program at Beth Israel Deaconess Medical Center, a major teaching hospital of Harvard Medical School, meets the specifications of the Board of Registration in Nursing in Massachusetts, (244CMR).

ABMS/ACGME Competencies

This course is designed to meet the following American Board of Medical Specialties (ABMS)/Accreditation Council for Graduate Medical Educational (ACGME) competencies:

  • Practice-based learning and improvement;
  • Interpersonal and communication skills;
  • Professionalism.

IOM Competencies

This course is designed to meet the following Institute of Medicine Competencies:

  • Patient-Centered Care

Schedule

Friday, December 1, 2017
Liability Prevention for Physicians and Other Health Care Professionals
7:30 am - 8:00 am Registration
8:00 am - 8:15 am Welcome and Introduction
Odysseus Argy, MD
8:15 am - 9:00 am Current Hot Spots in Risk Management
Odysseus Argy, MD
9:00 am - 9:45 am The Merits of a Communication, Apology, and Resolution Approach
Allen B. Kachalia, MD, JD
9:45 am - 10:15 am Coffee Break
10:15 am - 11:00 am
  1. Update on Risk Involved in the Use of Telehealth (emails, text, telemedicine)

  2. Liability Issues Pertaining to Patient Terminations:
  • a) Terminating the Troublesome Patient
  • b) Retiring from Practice
  • c) Planning for an Untimely Illness or Death
James T. Hilliard, JD
11:00 am - 11:30 am How Risk Management Can Influence Physician Behavior
Mary Jane McKenna, RN, MS, JD
11:30am - 12:00 pm Ask Your Questions to the Liability Prevention Experts
Odysseus Argy, MD, James Hilliard, JD, and Mary Jane McKenna, RN, MS, JD
12:00 pm - 1:15 pm Lunch (on your own)
1:15 pm - 1:45 pm Documentation and Informed Consent: What You Need to Know
Thomas G. Gutheil, MD
1:45 pm - 2:15 pm Understanding Risk Data from the Insurer in Order to Prevent Malpractice Claims
Luke Sato, MD
2:15 pm - 2:45 pm
  1. Risks Involved in Certifying for Medical Marijuana and Prescribing Opioids

  2. Being Sued by an Unknown Plaintiff
James Hilliard, JD
2:45 pm - 3:00 pm Coffee Break
3:00 pm - 3:30 pm
  1. Reducing Risk through Effective Communication among Members of the Surgical Team

  2. Managing a Surgeon’s Risk Associated with Formal Consults and Curbside Consults
David Brooks, MD
3:30 pm - 4:00 pm
  1. Supervisor Liability for Nurse Practitioners, Physician Assistants, Residents and Medical Students

  2. Liability Risks in Curbside Consults
Clyde Bergstresser, JD and David Gould, JD
4:00 pm - 4:45 pm Strategic Tips from the Plaintiff’s Attorney and Defense Attorney
Clyde Bergstresser, JD and David Gould, JD
4:45 pm - 5:15 pm Panel Discussion with Questions and Answers
Clyde Bergstresser, JD and David Gould, JD
5:15 pm Adjourn
Saturday, December 2, 2017
Physicians and Health Care Professionals in Court: A Survival Guide
7:30 am - 8:00 am Registration
8:00 am - 8:15 am Welcome and Introduction
David Gould, JD
8:15 am - 9:45 am Surviving Your Deposition: Tactics and Tips
The Perspective of the Plaintiff’s Attorney
Clyde Bergstresser, JD
The Perspective of the Defense Attorney
David Gould, JD
The Perspective of the Deponent
Thomas G. Gutheil, MD
9:45 am - 10:15 am Coffee Break
10:15 am - 11:45 am The Defendant on the Witness Stand: Perils, Pearls, and Possibilities
The Perspective of the Plaintiff’s Attorney
Clyde Bergstresser, JD
The Perspective of the Defense Attorney
David Gould, JD
The Perspective of the Defendant
Thomas G. Gutheil, MD
11:45 am - 12:00 pm Faculty and Audience Discussion
David Gould, JD, Clyde Bergstresser, JD, Thomas G. Gutheil, MD
12:00 pm - 1:15 pm How Risk Management Can Influence Physician Behavior
Mary Jane McKenna, RN, MS, JD
1:15 pm - 1:45 pm pm Ask Your Questions to the Liability Prevention Experts
Odysseus Argy, MD, James Hilliard, JD, and Mary Jane McKenna, RN, MS, JD
12:00 pm - 1:15 pm Lunch (on your own)
1:15 pm - 1:45 pm
  1. The Role of a Personal Attorney

  2. Insurance Coverage: How Much to Carry and What Type to Purchase
Clyde Bergstresser, JD and David Gould, JD
1:45 pm - 2:30 pm Ways in Which the Doctor can Positively Affect the Jury:
Very Encouraging Research Findings

Linda Crawford, JD
2:30 pm - 2:40 pm Read “Anatomy of Case”
2:40 pm - 3:45 pm Mock Trial Demonstration
  • Defendant Jerry M. Blaine, MD
  • Plaintiff’s Attorney Clyde Bergstresser, JD
  • Defendant Attorney David Gould, JD
  • Presiding Judge The Honorable Gregg J. Pasquale
3:45 pm - 4:00 pm Coffee Break
4:00 pm - 4:15 pm Mock Trail Demonstration Wrap-up Jerry M. Blaine, MD , Clyde Bergstresser, JD, David Gould, JD, The Honorable Gregg J. Pasquale
4:15 pm - 4:30 pm The Clinician in Court: A View from the Bench
The Honorable Gregg J. Pasquale
4:30 pm - 5:00 pm Panel Discussion with Questions and Answers
Jerry M. Blaine, MD
Clyde Bergstresser, JD
David Gould, JD
The Honorable Gregg J. Pasquale
5:00 pm Adjourn

Faculty

Odysseus Argy, MD: Instructor of Surgery, Boston University School of Medicine; Founder and President, Odyssey Health Communications, Inc.; Former Adjunct Professor, Boston University College of Communication; Former Host & Moderator, Doctors on Call, WABU TV 68, Boston.
David Brooks, MD: Associate Professor of Surgery, Harvard Medical School; Director of Minimally Invasive Surgery and Program Director of Advanced Minimally Invasive Fellowship at Brigham and Women’s Hospital.
Clyde Bergstresser, JD: Founding member of Bergstresser and Pollock, PC, Boston, MA; Fellow of the American College of Trial Lawyers.
Jerry M. Blaine, MD: Assistant Clinical Professor of Medicine, Tufts University School of Medicine.
Linda S. Crawford, JD: Linda Crawford and Associates; Instructor in Trial Advocacy Workshops, Harvard Law School; Consulting Editor, Medical Malpractice Law and Strategy.
David Gould, JD: Managing Partner, Ficksman and Conley, Boston, MA.
Thomas G. Gutheil, MD: Professor of Psychiatry, Harvard Medical School; Co-Founder, Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center; Past President of the American Academy of Psychiatry and the Law; Past President of the International Academy of Law and Mental Health; Author, The Psychiatrist in Court: A Survival Guide; The Psychiatrist as Expert Witness and Co-author, Mastering Forensic Psychiatric Practice: Advanced Strategies for the Expert Witness; Co-author, The Clinical Handbook of Psychiatry and the Law.
Mark J. Hauser, MD: Lecturer in Psychiatry, Part Time, Harvard Medical School; Webmaster, Program in Psychiatry and Law, Beth Israel Deaconess Medical Center. Immediate Past President, Mass. Psychiatric Society.
James T. Hilliard, JD: Assistant Clinical Professor of Psychiatry (Legal Medicine), Department of Psychiatry, Harvard Medical School; General Counsel, Massachusetts Psychiatric Society; Partner, Connor and Hilliard, Walpole, MA; author, Essentials of Massachusetts Mental Health Law: A Straightforward Guide for Clinicians of All Disciplines.
Allen B. Kachalia, MD, JD: Associate Professor of Medicine, Harvard Medical School, Chief Quality Officer & Vice President, Quality and Safety, Brigham & Women’s Hospital, Boston, MA. Co-Chair, Partners Center of Excellence in Quality and Patient Safety, Partners Healthcare, Boston, MA.
Lawrence E. Lifson, MD: Lecturer on Psychiatry, Harvard Medical School; Director, Continuing Education Program at Beth Israel Deaconess Medical Center; Distinguished Life Fellow, American Psychiatric Association; Recipient, Massachusetts Psychiatric Society’s, 2012 Outstanding Psychiatrist in Education Award; Editor, Understanding Therapeutic Action: Current Concepts of Cure and The Mental Health Practitioner and the Law; and Psychology of Investing.
Mary Jane McKenna, RN, MS, JD Past President, Massachusetts Trial Lawyers Association.
The Honorable Gregg J. Pasquale: Associate Justice, Superior Court, Commonwealth of Massachusetts.
Luke Sato, MD: Assistant Clinical Professor of Medicine, Harvard Medical School; Senior Vice President & Chief Medical Officer, CRICO.

Registration

*All fees shown in USD Physicians, Attorneys and Doctoral-Level Professionals Other Health Professionals, Residents, Fellows and Trainees
FULL COURSE

FRIDAY, DECEMBER 1, 2017

Liability Prevention for Physicians
and Other Health Care Professionals

SATURDAY, DECEMBER 2, 2017
Physicians and Health Care
Professionals In Court: A Survival Guide
$595$395
FRIDAY, DECEMBER 1, 2017 ONLY
Liability Prevention for Physicians
and Other Health Care Professionals
$350 $250
SATURDAY, DECEMBER 2, 2017 ONLY
Physicians and Health Care
Professionals In Court: A Survival Guide
$350 $250
*Add processing fee (non-refundable) $5 $5

All course participants receive a flash drive that contains all of the course materials. You can purchase a printed copy of these materials at the time of online registration for $50. Please note that we will not have hard copies of the syllabus available for purchase at the course.

Registration by credit card (VISA, MasterCard or American Express) or check can be made through Harvard Medical School’s secure online registration system at http://cmeregistration.hms.harvard.edu/d/h5qc09/4W. Registration by check (draft on a United States bank), please make payable to Harvard Medical School. Learners who choose to pay by check will be prompted to download an online form to send in with a payment. Telephone or fax registration is not accepted. Registration with cash payment is not permitted. Upon receipt of your paid registration, you will receive an email confirmation. Be sure to include an email address that you check frequently. Your email address is used for critical information including registration confirmation, evaluation and certificate. *All fees shown in USD. Processing (non-refundable service fee) $5.

INQUIRIES

By phone 617-384-8600, Monday-Friday, 9 am to 5 pm (EST) or by email at: ceprograms@hms.harvard.edu

DISCLOSURE POLICY

Harvard Medical School (HMS) adheres to all ACCME Accreditation Criteria and Policies. It is HMS’s policy that those who have influenced the content of a CME activity (e.g. planners, faculty, authors, reviewers, and others) disclose all relevant financial relationships with commercial entities so that HMS may identify and resolve any conflicts of interest prior to the activity. These disclosures will be provided in the activity materials along with disclosure of any commercial support received for the activity. Additionally, faculty members have be instructed to disclose any limitations of data and unlabeled or investigational uses of products during their presentations.

DISCLAIMER

CME activities sponsored by Harvard Medical School are offered solely for educational purposes and do not constitute any form of certification of competency. Practitioners should always consult additional sources of information and exercise their best professional judgment before making clinical decisions of any kind.

REFUND POLICY

Refunds, less an administrative fee of $75, will be issued for all cancellations received two weeks prior to the start of the course. Refund requests must be received by postal mail, email, or fax. No refund will be issued should cancellation occur less than two weeks prior. “No shows” are subject to the full course fee and no refunds will be issued once the conference has started

COURSE LOCATION

All sessions for this course will be held at the Fairmont Copley Plaza Hotel, 138 St. James Avenue, Boston, Massachusetts (Telephone: 800-441-1414).

ACCOMMODATIONS AND TRAVEL

A limited number of rooms have been reserved at the Fairmont Copley Hotel (Telephone: 800-441-1414) until November 10, 2017. Please specify you are enrolled in the HMS Risk Management “RISK2017” to receive a reduced room rate. Hotel arrangements can also be made online at: https://aws.passkey.com/go/riskmanagement2017. Please do not purchase non-refundable airline ticket(s) until you have received an email from our office confirming your paid registration.

Please note only coffee is available during registration and a continental breakfast will be served at the mid-morning break.


©Copyright Harvard Medical School 2017. Last updated 6.20.17